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RUSS BERRIE & CO., INC. v. JERRY ELSNER CO., INC.

No. 79 Civ. 5348-CSH.

482 F.Supp. 980 (1980)

RUSS BERRIE & COMPANY, INC., Plaintiff, v. JERRY ELSNER CO., INC., Defendant.

United States District Court, S. D. New York.

January 7, 1980.

Attorney(s) appearing for the Case

Sheldon Palmer and Peter L. Berger, New York City, for plaintiff; Henry R. Lerner, Levisohn, Niner & Lerner, New York City, of counsel.

Harold James, James & Franklin, P. C., New York City, for defendant.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This case is before the Court on plaintiff's motion for preliminary injunction, Fed.R. Civ.P. 65(a),1 respecting claims of copyright infringement, 17 U.S.C. § 501 et seq., and common law trademark infringement under the Lanham Act, 15 U.S.C. § 1125(a). Defendant cross moves for summary judgment on the copyright claims. Fed.R.Civ.P. 56. The Court has subject...

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